Katiba Institute sues IG Kanja, AG Oduor over Nairobi CBD police barricades

Standoff between police officers and protesters at the Roasters roundabout along Thika Road. Protesters have been stopped from proceeding past, on their way to Nairobi CBD. [Raymond Muthee, Standard]

Katiba Institute has filed a petition at the High Court against the Inspector General of Police and Attorney-General after police officers barricaded roads leading to Nairobi’s CBD during June 25 anniversary protests.

Terming the move unlawful and a violation of rights to protest and movement, the lobby group is seeking urgent conservatory orders to remove the barricades.

“The rights and freedoms guaranteed under the constitution are being suspended through roadside declaration without any legal basis.” Katiba declared in the press statement.

The rights group argues that the move is a blatant attempt to prevent citizens from exercising their constitutional right to demonstrate and picket under Articles 37 and 39 of the Constitution.

“The blocking of roads without advance notice or consultation amounts to a breach of article 47 on fair administrative action” Katiba noted, adding, “This is not just about roads, it’s about the future of constitutional governance,” it said, urging the court to uphold the rule of law.

Katiba Institute further cites past rulings against blanket protest bans, Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kihunjii (E373 of 2024). Katiba warns that continued police defiance risks undermining democracy.

The urgent legal action follows the move by the police to curb the movement of protesters who were commemorating the first anniversary of the fallen heroes of the June 2024 protests.

“These actions threaten to roll back the constitutional order, undermining democracy, human rights, and the rule of law.”